Guest Post by HR People Support

In April of this year, the UK Supreme Court issued a significant ruling on how the terms ‘man’ and ‘woman’ should be understood in UK law. Specifically, it confirmed that under the Equality Act 2010, these terms refer to biological sex, not certified sex or gender identity.

For many employers, this clarification has raised fresh questions. What does this mean for existing policies? Are changes required? And how can you ensure your approach supports inclusion while staying legally compliant?

What the Court Decided

The ruling came from a long-running legal case in Scotland, the Supreme Court confirmed that where the Equality Act refers to ‘man’ or ‘woman’, it is referring to biological sex. At the same time, it made clear that the Act still provides rights and protections for gender reassignment; where individuals are transitioning, have transitioned, or intend to transition continue to be protected from detrimental treatment.

Why It Matters for Employers

In practice, this may not require major changes in most workplaces. But it’s a timely reminder for employers to review how they approach sex and gender in policies, systems and day-to-day decisions.

What to Review

Start by checking your policy language. Does your equality and diversity policy define terms clearly and in line with the latest legal position?

Are your workplace facilities or single-sex provisions — such as toilets or changing spaces — set out in a way that aligns with the law and respects all employees?

It’s also important to consider how confident your managers feel when having conversations around inclusion and identity. Sensitive, lawful communication plays a key role in avoiding confusion and conflict.

Maintaining an Inclusive Culture

Perhaps most importantly, take a step back and think about your wider culture. Policies and procedures matter, but so does the way people feel at work. Is your workplace genuinely inclusive? Are staff clear on your expectations? And are decisions being made fairly and consistently?

What Hasn’t Changed

This ruling hasn’t removed any existing legal protections. Transgender employees must still be treated with dignity, fairness and respect. What it has done is provide clearer legal grounding for policies that may need to distinguish between biological sex and gender identity, particularly where there is a legitimate business reason.

The message for employers is that you don’t need to make knee-jerk changes, but you do need to be confident that your foundations are solid. The best approach is balanced, legally sound and clearly communicated.

At HR People Support, we help business owners manage legal change without added stress.

Whether you need help reviewing your policies, or simply want a clearer understanding of what this ruling means for your organisation, HR People Support are here to offer calm, practical advice. You can contact HR People Support on their website at https://www.hrpeoplesupport.co.uk/contact/ 

Gemma Irvine from HR People Support will be covering this topic in more details at our forthcoming Employment Law Updates commencing Tuesday 20th May. There is still time to book a place.